HODGES v. BOLAND'S EXCAVATING AND TOPSOIL, INC.


24 A.D.3d 1089 (2005)

807 N.Y.S.2d 421

THOMAS HODGES, Appellant, v. BOLAND'S EXCAVATING AND TOPSOIL, INC., Defendant, and CONKLIN CRUSHED STONE AND GRAVEL, LLC, Respondent.

Appellate Division of the Supreme Court of the State of New York, Third Department.

December 22, 2005.


KANE, J.

Defendant Conklin Crushed Stone and Gravel, LLC (hereinafter defendant) leased a site to plaintiff's employer, who sought to develop it as a gravel pit. Plaintiff's employer brought a power screen to the property. The power screen, which is used to screen gravel or make sand, operates by taking material dumped from a pay loader into the hopper end, sending it up a conveyor belt onto the screen, then shaking and vibrating the material to separate the different...

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